Now let us hear NYT and John Kerry eat their words, in calling the elections fair and Raila Odinga to accept the results! Ten days before the elections the IT chief of the IEBC is found tortured to death. And then the 'hallowed' New York Times and the consummate diplomat John Kerry call the elections fair! I have prime Oklahoma City beachfront property to sell ya!
You guys have suppressed one of my comments. Soon, too soon, after the elections, both the New York Times and John Kerry called on Raila Odinga to accept the results! Ten days before the election the IT chief of the IEBC, Chris Msando, who held the passwords to the critical servers, is found tortured to death. AND there is no chicanery? Really? Let us see both NYT and John Kerry walk back their words.
Perhaps I'm looking for drama where it doesn't exist, but I'd have been interested to know more about the circumstances in which Christopher Chege Msando was "killed."
2
I sure wish we could do this here in America.
2
This is an extraordinary justice system breakthrough in my view. The courts stood up for the law, and their decision is holding.
Many African nations are strengthening the rule of law. So terrific.
Many African nations are strengthening the rule of law. So terrific.
4
Six people didn't decide to annul the election...it was only four. Btw, no one mentions what would have happened if it was a split decision, 3-3, as one Justice was surprisingly unavailable with a sudden illness.
If, in some alternate universe, it was the U.S. Supreme Court that nullified the most recent presidential election can anyone possibly imagine Donald Trump acting with the grace of Uhuru Kenyatta?
1
I am glad that the voting process has been investigated, that the Court has ordered another elections. Kenya will be a healthier democracy once citizens can trust the election process. I have heard reports of pre-election violence, reports of obvious polling irregularities, including voters' ballots stamped "rejected," and voters being handed ballots already filled out with the incumbent's name. Some voting sites ran out of ballots in areas where Raila Odinga was the favored candidate. I hope all this comes to light.
Now, which of these are really the third world countries, the US, Europe or Kenya?
I'm surprised Putin's playmates only play in the US's and Europe's sandboxes. We need to learn from Kenya!
I'm surprised Putin's playmates only play in the US's and Europe's sandboxes. We need to learn from Kenya!
4
This out come may be new and so first time in so called Kenya democratic hog wash elections as interpreted by the western media. But not at all to common in a country where political and general corruption of all politicians, police, military, private sector, banking and just about every sector is a way of life. Over 17% plus people in the country live in worst ever slums in the world, were essentially there is no running water, sanitation, rampant poverty and disease. The likes of Uhuru Kenyatta the 4th President since , his father Jomo was the first. Who took the Office in Dec 1964, followed by his vice President Arap Moi in Dec 1978. Followed by Mwai Kibaki from 27.12.2002 to 9.4.2013. The whole sale corruption started with the Arap Moi and ever since then has become progressively worst with countries like UK, US and others for their own self interests and self righteousness have made things worst for the average people. It so happens that I was born and raised in Kenya and left there fo the US in 1961 for education with a full scholarship from the International Institute of Education in NY. Despite my interest to go back and help, I was a British Passport holder along with my parents and siblings had no future in the mess that ensued. My personal hero and a forth right the best Harvard Educated leader Kenya ever had was Tom Mobya was murdered at the age 38 by the cohorts of Arap Moi . Because it was Tom Mobya slated to succeed Jomo.
2
I was born and raised in Kenya up to and including high school. I spent sixteen years in the United States pursuing college and university education. I returned to the country and have been living and working there for the last seventeen years, contributing to its development in the best way I know possible.
It is true that Kenya is haunted by numerous developmental problems--as is the case with respect to most other developing countries. But it is also true that, in recent times, the country has taken important steps forward--in the direction of democracy, good governance, and the rule of law. The key factor was the promulgation of the 2010 Constitution, a document that is widely admired in democratic circles throughout the world.
There is a long way to go, but there is no doubt that the country is on the right track.
I invite you to return to Kenya for a visit to observe the situation first-hand. You will be shocked at how much Kenya has changed and grown since 1961.
It is true that Kenya is haunted by numerous developmental problems--as is the case with respect to most other developing countries. But it is also true that, in recent times, the country has taken important steps forward--in the direction of democracy, good governance, and the rule of law. The key factor was the promulgation of the 2010 Constitution, a document that is widely admired in democratic circles throughout the world.
There is a long way to go, but there is no doubt that the country is on the right track.
I invite you to return to Kenya for a visit to observe the situation first-hand. You will be shocked at how much Kenya has changed and grown since 1961.
6
@ winemaster; perhaps if you visited Kenya more often than relying on the grape vine (no pun intended), you wouldn't sound so bitter for a man that left his country in 1961. Kenya has problems, just as every country does.
2
WOW! Kudos to Kenya and the ultimate test of a working democracy!
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Where art thou, Kenya, now that we need you most~
6
An interesting embedded story here is, are international election observers effective in places like Kenya? The details in the last few paragraphs of this article hint at some potentially serious issues that observers seem to have completely missed.
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Many observers don't want to rock the boat. Firstly, because they don't want to be held responsible if they issue a negative (but perhaps true) report and violence breaks out because the loser might say: "See, the US/EU/ASIAN group said it wasn't a fair election!" Secondly, they might not get accredidation next time.
1
I wonder if our USSC could do the same thing now that widespread hacking has been uncovered in North Carolina.
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A Supreme Court nullifies a presidential election? Big deal. We did that in the USA almost 17 years ago.
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Taiwan's president Chen faked his own shooting day the before re-election. And 300,000 ballots disappeared. He won. Taiwan's high court had a Confucian response to authority -- they did nothing. Kenya's court has more integrity. Maybe other nations can learn. Maybe US will get around to unseating Russia's man in the White House
4
The attraction of many voters to Trump is due entirely to the fact that he is a wealthy man who makes preposterous promises about making people rich and, or famous.
4
The article talks about a study done by Walter Mebane a Professor at U Michigan. The link simply points to his webpage. Can anyone point me to the source? All I can find is a 2016 paper that he published which is clearly before this particular election.
1
Why are there always Trump Trump Trump comments in every article? This is about the Kenya election. Half the country is Trump obsessed and the other half truly likes the man. I think that is what makes him so much more palatable than HRC.
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Yes, thank you. Americans really are so obsessed with themselves
Good point, Mark! Why make this article about Kenya a forum for Trump-obsession? But for the record, I think your statistics are slightly off: It's closer to 90% of the country that is Trump-obsessed, but only about 30% of the country who truly like the man. But, hey, this is not about Trump, right?
1
HALF?????
59% believe he is awful.
59% believe he is awful.
1
It's a credit to President Uhuru that he apparently is going to accept the decision of the Kenya Supreme Court and hold another election as ordered. I hope the new election will be honestly conducted. Sadly, we can't take either honest elections or adherence to court decision for granted
1
It is significant for the opposition to take matters to court, to get the due diligence from the courts and for a sitting president to accept the results. That is enough to be hopeful. Also the loosing side did not result to violence as everyone anticipated. Kudos to Kenya
He accepted very grudgingly which is fine. But he kept saying that "6 people" can't negate the will of 8 million voters which is another way of saying "we need to get rid of the judges". Goodbye denocracy if that happens. In South Africa Pres Zuma often asks rhetorically: "Who elected the judges?" Same method: let's get rid of the judiciary if they don't do as we say. Another thing: Kenyatta can't count. 4 judges voted in favour of annullment, 2 against.
1
Apparently, Kenya is willing to invalidate the results of a bogus election, but the USA -- self-styled 'bastion of democracy' -- isn't?
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Nah, here we have to massage Trump's massive ego.
8
Our election is not in question. TRUMP WON!
Our election IS in question! Evidence is becoming clear, that President-Elect Hillary Clinton actually won the 2016 election, even in the electoral college. Will we have the national courage to right this wrong, as Kenya has had?
1
This is not a win for Kenya but a postponement of the inevitable. In his summary the Chief Justice stated "Elections are a process not an event". It means that Kenya MUST implement a uniform and transparent vote tabulation system to meet a constitutional standard in 60 days. Most foreign election observers in Africa have concentrated in the vote registration and voting process but largely stayed out of the final reporting system. In Kenya's just concluded election, the judgement is most likely to find that the problematic vote reporting system was opaque enough as to generate reasonable doubt about the results. In other words, Kenyatta won the election, but the court cannot determine how the votes were counted because the commission responsible messed up the reporting of the results. In another 60 days the same people celebrating will discover the ruling coalition runs 60% of all local governments (in the most populated counties in the country) and will win again. The good news - the result will be a little more transparent, the bad news - the same corrupt kleptomaniacs will win.
Sadly what the Kenyan people will not get is transparent effective government after that. Billions will be spent to keep the same corrupt, crony, kleptomaniacs in power. BUT unlike most of Africa at least Kenyans have embarrassed their president into having to go through the indignity of having doing it all again. Yeah for Kenya!
Sadly what the Kenyan people will not get is transparent effective government after that. Billions will be spent to keep the same corrupt, crony, kleptomaniacs in power. BUT unlike most of Africa at least Kenyans have embarrassed their president into having to go through the indignity of having doing it all again. Yeah for Kenya!
15
Kenya's post-Independence history demonstrates that even if the opposition party were to win, Kenya would still be governed by kleptocrats. Corruption has been growing steadily worse for 54 years, and is by now so deeply ingrained into every level of society that honest government is a pipedream. Perhaps it is the Luo's turn to eat but is there any reason to think that they would gorge at the public trough with less greed than the Kikuyu and Kalnenjin administrations of the past?
1
Isn't the tribal voting blocks and alliances the same as we see in red America and blue America? As for the corruption maybe we can learn from what is happening in the counties. Central gov is slowly getting irrelevant in most matters as power devolves. yet we have not seen corruption free counties, maybe that is where citizens should focus to know who to vote for in future elections
The Luos, Kamba and Luhya that dominate the opposition will just be as bad - just stealing for their corner. I hate to sound like Steve Bannon but the truth is Kenyans is one country that needs to dismantle the administrative state. Kenya's population (about 48 million) are represented by a presidency, governors, members of parliament, senators, members of county assembly, and women representatives. Throw in a proportional number of nominated members of parliament for the cronies that did not win elections but represent ethically important areas. Imagine all these people get supporting staff, US level salaries, car and housing allowances, and travel and entertainment budget. Then add an enormous civil service (including approximately 300,000 ghost workers) and it is not hard to see how the country's taxes are suddenly being spent on wages and benefits. When you are a policeman or civil servant trying to survive on less than $1,300 a year and your political masters are earning $75,000 to $100,000 an year in official salary and benefits (before the theft of taxes) it is easy to see how corruption can seep into all parts of the country. They need to simplify it all.
1
It is fascinating that an African nation makes such a bold and just decision, while our country's justice refuses to accept that the Russians hacked and illegally influenced our own presidential elections. There is something special about this country - Kenya, considering our connection with them. Coincidentally there is an article here on how 21 States may have been hacked, but refuse to investigate!, perhaps they are afraid to be as bold and just like the Kenyan Supreme Court!
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Russia jacked emails and used social media to influence the voters in the US. That is very different than voter fraud or hacking the election system. Every comment bringing this back to the US election is more proof that people aren't getting it. Trump won because a lot of people perceive Democrats as arrogant, entitled elitists. Nothings going to change until that is accepted. Comparing the Kenyan election to the US election just weakens your credibility. It's completely absurd.
1
What's fascinating about this is that (so far) every major international election observation entity found the election to be fair and legitimate.
The electronic voting machines seemed to work fine. I'm interested in seeing what evidence they were able to site to back this ruling.
In regards to electronic voting systems, this could have a global impact as Odinga's supporters were very skeptical of the new electronic process.
Let's not forget that Chris Msando, the election official overseeing the electronic voting system, was tortured and murdered just days before the general election.
I think this has less to do with actual tampering and more to do with high skepticism over a new process, which is understandable.
The electronic voting machines seemed to work fine. I'm interested in seeing what evidence they were able to site to back this ruling.
In regards to electronic voting systems, this could have a global impact as Odinga's supporters were very skeptical of the new electronic process.
Let's not forget that Chris Msando, the election official overseeing the electronic voting system, was tortured and murdered just days before the general election.
I think this has less to do with actual tampering and more to do with high skepticism over a new process, which is understandable.
6
As a Kenyan, I feel the responsibility to address your comments point by point.
1. There were no electronic voting machines. Voters were identified electronically, and at the end of the day, the results were transmitted electronically to the National Tallying Center (NTC).
2. The international observers may have failed in their mission because they did not observe the whole process. John Kerry is quoted to have said that he saw no zombies voting to counter the claim of dead voters. He did not understand that this was a claim of ballot stuffing or changing the final numbers on the form 34As.
3. Days before his murder, Msando stated that the electronic transmission system was tamper proof. According to him, the results from polling stations had to be accompanied by scanned copies of the signed form 34As or else the transmission would not be possible. He was killed, and a previously suspended IT officer was recalled and was in charge of the process that saw text results come in days before the actual forms were received at the NTC.
I urge you to look for the report by the Court appointed expert that analyzed the server activities before, during and after election day. It is not just skepticism; a few individuals tried to invalidate the votes of 15 million voters.
1. There were no electronic voting machines. Voters were identified electronically, and at the end of the day, the results were transmitted electronically to the National Tallying Center (NTC).
2. The international observers may have failed in their mission because they did not observe the whole process. John Kerry is quoted to have said that he saw no zombies voting to counter the claim of dead voters. He did not understand that this was a claim of ballot stuffing or changing the final numbers on the form 34As.
3. Days before his murder, Msando stated that the electronic transmission system was tamper proof. According to him, the results from polling stations had to be accompanied by scanned copies of the signed form 34As or else the transmission would not be possible. He was killed, and a previously suspended IT officer was recalled and was in charge of the process that saw text results come in days before the actual forms were received at the NTC.
I urge you to look for the report by the Court appointed expert that analyzed the server activities before, during and after election day. It is not just skepticism; a few individuals tried to invalidate the votes of 15 million voters.
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Chris Msando was the key. Once he was tortured and divulged the server password the fix was in!
2
Jennifer,
I think you got it wrong there... its not voting(casting of the ballot papers) that's electronic but only voter verification and results transmission that is electronic.
So say i wanted to vote at polling station X and was successfully verified, i could still be given in discretion 5 ballot papers(on the same category) which i'd mark in favor of one candidate(which means agents and clerks would make sure they trash 4 valid votes of the opposing candidate to make room for my 4 illegal votes)
Again everything else up to tallying of votes and filling of the original serialized form would be done right, but form(34A) would be trashed fast and another "doctored" non-serialized form would be scanned and sent also that same document would be sent by courier to the electoral HQ to back the scanned copy as the evidence.
that's how the elections were won and thus explaining why counterfeit form 34 A's were tabled in court and were found to be lacking the security features ..i.e watermarks and serials
I think you got it wrong there... its not voting(casting of the ballot papers) that's electronic but only voter verification and results transmission that is electronic.
So say i wanted to vote at polling station X and was successfully verified, i could still be given in discretion 5 ballot papers(on the same category) which i'd mark in favor of one candidate(which means agents and clerks would make sure they trash 4 valid votes of the opposing candidate to make room for my 4 illegal votes)
Again everything else up to tallying of votes and filling of the original serialized form would be done right, but form(34A) would be trashed fast and another "doctored" non-serialized form would be scanned and sent also that same document would be sent by courier to the electoral HQ to back the scanned copy as the evidence.
that's how the elections were won and thus explaining why counterfeit form 34 A's were tabled in court and were found to be lacking the security features ..i.e watermarks and serials
3
If the United States Supreme Court was not purely political and subject to affiliated party doctrine, they would do the same for the 2016 US Presidential election....but they are political (Bush appointment) and an unjust election will prevail and the country will/is suffering because of it.
10
The electoral college chose Trump. End of discussion. Trump is the President.
Kenya is the jewel of East Africa. Maybe there is hope that its democracy will mature and develop. Bravo.
3
Kenya, once again, setting precedent for Africa. As seen with the alleged Russian hacking of the U.S. election, manipulation of election results is a worldwide problem that should never be ignored or accepted.
8
Comments comparing this to the 2016 US election is nonsense. Our founders chose the electoral college system to reduce the undue influence of major population centers on the affairs of an entire nation. And it has worked. Even with California's rigged system of winner takes all electors.
5
Yes. This is a very different situation and not comparable to the US election. Thank you, Mark!
4
The Electoral College was formed because the federal government thought the populace was too stupid to vote for the better candidate, hence the provision that if the EC finds the "popular winner" to be incompetent, the candidate with the next higher number of votes is "Elected." (See how great that worked?) The EC was also formed to give the slave-holding states, which had very small populations of white men ("voters"), more clout; a vote cast in a slave-holding state was worth more than a vote from a free state. The issue of population/urban/rural was a smokescreen. Remember, the slave states already had more Representatives than their free populations deserved, as they were allowed to count their slaves as 3/5 of a "person" and so get more Representatives. (Wait. They all do the same today via gerrymandering and vote suppression.) If Kenya can have a re-vote because their vote reporting system was broken, why can't we have a re-vote because the EC is broken and didn't do it's job?
7
Patricia
Then get a constitutional amendment to replace the electoral college.
Also the 3/5's was demanded by the free, northern states. Not the south.
Then get a constitutional amendment to replace the electoral college.
Also the 3/5's was demanded by the free, northern states. Not the south.
2
If only we could do that here and end this nightmare.
6
International observers, including the Carter Centre (represented by John Kerry) and foreign missions including those of the U.S. and the E.U. declared the election process "free and fair". Many in Kenya see this is a major indictment of their reputations and standing. Especially since the missions tried to piggyback on the Supreme Court's decision by issuing a statement supporting the process shortly afterwards.
14
If last year SCOTUS had done the same thing here we would have been spared the embarrassment and clownish situation we are going through now. Fortunately, Mr. Mueller is doing his job quite convincingly.
32
Standard commentary from liberals, can't win at the ballot box then vote go to the court. Ms. Clinton lost the election because she was a terrible candidate! Our election is over now live with it!
Wait, this is a thing? If only we'd known a few months ago.
16
There, as here, It's not the vote but the count that counts.
Code Red.
Code Red.
3
I live in Kenya. This is a terribly irresponsible decision by the Supreme Court which seems primarily concerned with asserting judicial independence and living down a shamefully incoherent election decision in 2013. The SC could have saved the country enormous expense in holding new elections and lost economic activity by simply ordering a manual tally of the votes. Never mind. The Kenyan people are bent on progress. This election was better than the last; the next will be better than this.
9
a manual tally wouldn't be possible since the forms are fake and fraudulent and the ballot boxes probably stuffed.That's the political acrobatics Kenyan politicians can engage in
4
In my opinion the only problem with a manual tally of votes is that it assumes that there was no ballot stuffing. If there was ballot stuffing a manual tally would still yield the same supposedly flawed outcome and thus solve nothing.
2
The real answer is the constitution does not allow it. The constitution only allows two solutions win or reelection. Kenya's election will always be decided by the population of centers of Nairobi, Central Kenya, Mt Kenya and the Rift Valley which represent more than 55% of the registered voters in Kenya. The best Mr Odinga did in this group was Nairobi, in all the other counties Mr Kenyatta showed super-strong support. Kiambu County alone (close to 1.2 million registered voters) has more registered voters as Kisumu and Siaya combined! Odinga has little statistical path to victory. It is just going to take 60 days to prove it.
Wow! That's a truly unexpected court ruling.
I worry that 60 days is not enough to ensure that the new election will be any less flawed, unfortunately. And I assume that the same officials who allowed unverified results to be forwarded and counted without the required scrutiny will oversee the new vote-counting.
Nonetheless, the decision is good news because it shows, if nothing else, that the judiciary is more independent than one might have thought.
I worry that 60 days is not enough to ensure that the new election will be any less flawed, unfortunately. And I assume that the same officials who allowed unverified results to be forwarded and counted without the required scrutiny will oversee the new vote-counting.
Nonetheless, the decision is good news because it shows, if nothing else, that the judiciary is more independent than one might have thought.
5
Wow! Congratulations to Kenya for looking at their system, and having a willingness to admit that things went wrong. I just wish our secretaries of state would be willing to do the same. Can you imagine?
8
Meanwhile America is still running the beta version of constitutional democracy with malware embedded into its firmware and no patches to address it.
24
Please. Its a feature, not a bug.
Wow! Maybe the court will look at the US presidential election.
4
It is interesting that the NY Times, in an early editorial "The Real Suspense in Kenya", dubbed Mr. Odinga a sore loser, decrying his "crying foul" before official results were even announced (close to a week after the vote). Their judgment was based on reports from election observers, but in the age of electronic information transfer, such observers in polling and tallying centers can do only so much good. Bravo to the Kenyan supreme court for their independence, and insistence on adhering to the country's constitution.
19
The Times was right. He is a sore loser. Although it is fair to say that the election in 2007 appeared to have been rigged against him (the country reached an accommodation in which he was given a seat on a joint executive), in subsequent elections he has been unable to demonstrate rigging but has nevertheless called on his supporters to take up arms in the streets (which he also did in 2007, with dreadful results).
2
The 2007 vote was not just rigged. It was flagrantly and publicly stolen in front of the entire country, with barely a token effort to conceal the theft.
1
Don't lie, please. Raila Odinga has never called on his supporters, i.e. Kenyans who actually care about the constitution, to take up arms. Vilifying a man without whom the liberal Kenyan dispensation would not have happened in favour of propaganda by those who even voted against the new constitution is just evil. Stop it. He has always conceded in favour of Kenya. Those of us for whom the country is the place of our dreaming know, see and understand.
2
This result will be a test for Kenya's governmental imstitutions- the Supreme Court, the military, the police...
2
Meanwhile, the Russian-Republicans happily rig America's vote into right-wing oblivion.
America needs hand-counted ballots, the gold standard of counting.
Republicans wouldn't stand a chance in elections in America is all citizens were encouraged to vote and their ballots were all counted.
Computers are the enemy of free and fair elections.
America needs hand-counted ballots, the gold standard of counting.
Republicans wouldn't stand a chance in elections in America is all citizens were encouraged to vote and their ballots were all counted.
Computers are the enemy of free and fair elections.
36
Our U.S. election was also hacked and was so tainted that our Supreme Court should call for a new election. Trump did not win fair and square. He won with the help of the Russians and others. Hillary should be President. This horrible election must not stand. Corruption is the same anywhere in the World. Our election was stolen, and America and Hillary were robbed.
31
Certainly not the first time in the 21st century an election was stolen by the bad guys.
5
It must have been hacked or otherwise how do you explain what happened in Chicago an Detroit? Chicago found out that the had 14,000 more votes than the total number of people voting. In Detroit they found a whole bunch more Hillary Clinton votes that can't be matched to the number of people voting.
This is Judicial tyranny. If the votes didn't impact the election why do it again. Will they do it again if irregularities manifest itself after another election.
Hopefully this doesn't lead to violence.
Hopefully this doesn't lead to violence.
2
Odinga rallying his supporters and promising violence if he doesn't get his way was troubling leading up to the election. Let's hope this decision by the judiciary will sway him.
3
Ed, are you referring to Trump election nullification? The alt-right is promising violence if that happens, stoking the fires of a new civil war.
The point is that if the votes in the election were tainted and resulted in an 'illegal' victory, the election must be voided and nullified. When the disapproval reaches an overwhelming majority, then the President cannot effectively run the country.
There is no way that Trump would win if a new election were held today.
The point is that if the votes in the election were tainted and resulted in an 'illegal' victory, the election must be voided and nullified. When the disapproval reaches an overwhelming majority, then the President cannot effectively run the country.
There is no way that Trump would win if a new election were held today.
4
The Kenya state sending the military to commit genocide in 'opposition strongholds' is even more worrying. The murder of ICT director and the chopping off of his hand is worrying, the algorithm that gave the incumbent a specific margin which then resulted in a specific figure of victory is worrying, 1.5 million unaccounted for votes is worrying, the howl against injustice by a population aware of what truth looks like and are willing to put their bodies on the frontlines to achieve this goal is not worrying, it is inspiring.
1